An award-winning saleswoman has successfully brought a maternity discrimination claim against her employer after being denied a return to her former role following maternity leave. The case, heard at the Employment Tribunal (Lindup v Bright HR Limited, 2025), highlights the importance of protecting maternity rights under the Equality Act 2010.
Background to the Claim
Before taking maternity leave, the claimant worked within her employer’s lucrative web sales team, a department that generated the highest commissions. She was assured that she would be able to return to this role after her leave. However, during her absence, a new head of sales was appointed. At her return-to-work meeting, the new manager reportedly laughed at and dismissed the idea of her rejoining the web team. Instead, she was placed in a different team with significantly reduced sales opportunities.
Financial Detriment
Prior to maternity leave, the saleswoman earned approximately £65,000 per year, the majority of which came from commission. After her return, her income dropped dramatically to around £24,000 annually, due to being allocated less profitable leads.
The Tribunal held that this substantial reduction in earnings amounted to unfavourable treatment. Even if a specific promise to return to the web team had not been made, the claimant was entitled to expect a role with comparable earning potential.
Tribunal Decision
The Employment Tribunal found that the decision not to reinstate her to the web team was made during her protected period of maternity leave and was therefore discriminatory. It noted her outstanding track record and awards for performance, concluding that the only credible explanation for the change in treatment was her maternity leave.
The Tribunal ruled that her employer had breached Section 18(4) of the Equality Act 2010, which protects employees from maternity-related discrimination. Damages will be determined at a future hearing unless an agreement is reached between the parties.
Key Takeaway for Employers and Employees
This case is a clear reminder that employers must ensure women returning from maternity leave are offered roles of equal status, pay, and opportunity. Failure to do so can lead to claims of discrimination and significant financial and reputational consequences.
👉 If you believe you have been subjected to pregnancy or maternity discrimination, our experienced employment law solicitors are here to help. We offer clear, confidential advice and practical solutions tailored to your situation.
📞 Contact Willett & Co today to speak with a member of our Employment Law team about your rights and options.
